“Juries, From the Ancient Athenians to ‘12 Angry Men’” by Amanda Foreman – The Wall Street Journal

A scene from the 1957 version of ‘12 Angry Men’: From left, John Fiedler, Lee J. Cobb, Henry Fonda, E.G. Marshall, Jack Klugman, Edward Binns and George Voskovec. PHOTO: EVERETT COLLECTION

On jury duty this month, I’ve had plenty of time to reflect on the meaning of the 1957 film “12 Angry Men.” Law schools still use the 60-year-old courtroom drama about a biased and easily swayed jury as a teaching tool. The question remains: Does the movie prove or disprove Mark Twain’s characterization of trial by jury as “the most ingenious and infallible agency for defeating justice that human wisdom could contrive”?

Jurors are all too human, something the ancient Greeks tried to mitigate by allowing some jury panels to have 1,000 or more citizens at a time. To prevent malicious plots and ensure a broad mix of people, every juror received half a drachma a day—enough to feed a poor man and his family. But such precautions failed to save Socrates from his enemies in 399 B.C. An Athenian jury, egged on by an anti-Socrates faction, convicted him of “impiety” and “moral corruption of the young” by a majority of 280-221. Continue reading…

‘When Justice Drowns in the Law’ – The Wall Street Journal

Photo: ARTHUR GIRON

Photo: ARTHUR GIRON

In “The Federalist Papers,” No. 62, James Madison warned his readers against drawing up laws that were unnecessarily dense or complicated: “It will be of little avail to the people…if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”

Congress largely heeded Madison’s advice until World War II, when the average bill was still only 21/2 pages long. But today, 1,000-page spending bills routinely pass through Congress. President Bush’s 2007 budget bill counted 1,482 pages, while the 2010 Affordable Care Act ended up at almost 1,000 pages.

According to Philip Howard, the author of “The Rule of Nobody: Saving America from Dead Laws and Broken Government,” the chief problem with laws that rival “War and Peace” in length is that the rule of law suffers. Instead of being the facilitator for civil society, he warns, the law can become an instrument of paralysis.

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‘A Brief History of Avoiding Exercise’ – The Wall Street Journal

Photo: THOMAS FUCHS

Photo: THOMAS FUCHS

Winter storms have become so frequent in the U.S. that they now have names, like hurricanes. This week saw the arrival of Seneca, making for a touch-and-go race about which will run out first: the alphabet or the jet stream. The weather in the eastern U.S. has been brutal enough this year that millions of Americans have been confined to their homes. In a country where, according to the Centers for Disease Control and Prevention, only one in six of us does anything like the recommended amount of physical activity, “Snowmaggedon” is a danger to the country’s health as well as its roads.

The ancients knew well that people will use any excuse to avoid exercise—bad weather, of course, being among the most popular. To counteract the natural human tendency toward inertia, the Greeks had their Olympics, the Chinese their tai chi and the Indians their yoga. The Romans went so far as to make exercise a legal requirement for all male citizens age 17 to 60. With the exception of Thomas Aquinas, who was colossally fat, lack of exercise was rarely a problem in the Middle Ages. Few people had time for aerobics when survival was the order of the day.

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